America can’t wait for innovation reform

Others have argued that the new system may not pass constitutional muster because Congress is charged with creating a system to protect “inventors.” Their argument is weak.

As former U.S. Attorney General Michael Mukasey pointed out in a recent letter to the PTO, the Constitution does not specify exactly how Congress should go about providing that patent protection. Mukasey stated that he believes the act poses no constitutional problems.

After all, those who file first are still inventors. And if Congress truly wants to “promote science and the useful Arts” – the constitutionally enshrined purpose of having a patent system in the first place – clearing out the mammoth backlog of applications would be an excellent way to do so. It would also allow us to keep pace with our international competitors.

It’s been almost 60 years since the last major overhaul of the U.S. patent process and the system is clearly struggling. America’s inventors deserve a patent process that isn’t bogged down by sluggish bureaucracy. Innovation shouldn’t have to wait.

Pipes is president and CEO of the San Francisco-based Pacific Research Institute and the author of “The Top Ten Myths of American Health Care.”